MANGALABAI Vs. SANGLI BANK LTD

JUDGEMENT

(1.) THE 6th defendant to the suit O. S. No. 182/1986 has filed this writ petition under Articles 226 and 227 of theconstitution of India, challenging the order of the Additional Civil Judge, Bijapur passed on LA. No. 21.

(2.) BRIEFLY staled, the facts are as under:

(3.) THIS order is under challenge. Mr. Suresh S. Joshi, learned Counsel appearing for the petitioner, while assailing the said order firstly contended that in a situation where the facts as stated by the first respondent in LA. No. 21 existed, the first respondent could have only filed review petition under Order 47 Rule 1 of Code of Civil Procedure and no application under section 151 of Code of Civil Procedure was maintainable; elaborating the said contention learned Counsel submitted by relying on the following decisions of the Supreme Court and this court that if the specific provision is made under the Code of Civil Procedure, the Civil Courts cannot invoke the inherent jurisdiction under Section 151 of Code of Civil Procedure and pass order; like the one on hand. The decisions cited are, (1) Dwaraka Das v. State of M. P. and Anr. , ii (1999) SLT 69= (1999) 3 SCC 300; (2) Nansingh v. Koonwarajee and Ors. , AIR1970 SC 997 , (1970 )1 SCC732 , [1971 ]1 SCR207 ; (3) R. Rathinavel Chettiar and Anr. v. V. Sivaraman and Ors. , 1999 (2)CTC593 , JT1999 (2 )SC 468 , (1999 )3 MLJ47 (SC ), 1999 (I )OLR (SC )558 , (1999 )122 plr459 , RLW1999 (2 )SC 286 , 1999 (2 )SCALE353 , (1999 )4 SCC89 , [1999 ]2 SCR313 ; and M. Narajenappa v. Hemavathi, ILR 1987 Kar. 713.